Education Dept. Rules Upenn Violated Title Ix By Letting Trans Athlete Compete

[Kalé Carey]

THE EDUCATION DEPARTMENT SAID THE UNIVERSITY OF PENNSYLVANIA BROKE A FEDERAL CIVIL RIGHTS LAW BY LETTING A TRANSGENDER ATHLETE ON ITS WOMEN’S SWIM TEAM.

IN A RULING RELEASED MONDAY, THE DEPARTMENT STATED PENN VIOLATED TITLE IX, WHICH PROHIBITS SEX-BASED DISCRIMINATION IN FEDERALLY FUNDED EDUCATION PROGRAMS,  BECAUSE LIA THOMAS, A TRANSGENDER WOMAN, WAS ALLOWED TO COMPETE IN WOMEN’S DIVISION I SWIMMING AND ACCESS FEMALE-DESIGNATED FACILITIES DURING THE 2021-2022 SEASON.

THE EDUCATION DEPARTMENT ORDERED THE UNIVERSITY TO REINSTATE TITLES, RECORDS AND AWARDS TO FEMALE ATHLETES IT SAID WERE AFFECTED BY THOMAS’ PARTICIPATION. UPENN WAS ALSO TOLD TO ISSUE APOLOGIES TO THOSE ATHLETES. 

THE UNIVERSITY WAS GIVEN 10 DAYS TO COMPLY WITH THESE ORDERS OR IT WILL FACE POTENTIAL ENFORCEMENT ACTIONS, INCLUDING A LOSS OF FEDERAL FUNDING AND REFERRAL TO THE DEPARTMENT OF JUSTICE.

THE TRUMP ADMINISTRATION ALREADY PAUSED THE DISBURSEMENT OF $175 MILLION IN FEDERAL FUNDS TO THE UNIVERSITY OVER THOMAS’ PARTICIPATION ON THE WOMEN’S TEAM.

PENN HAS NOT YET RESPONDED PUBLICLY TO THE ORDER BUT MAINTAINED IT COMPLIED WITH NCAA REGULATIONS AT THE TIME IN ALLOWING THOMAS TO COMPETE IN WOMEN’S EVENTS, IN WHICH THE SWIMMER WENT ON TO BECOME AN IVY LEAGUE CHAMPION AND BREAK SEVERAL RECORDS.

MEANWHILE, THREE FORMER TEAMMATES OF THOMAS FILED A LAWSUIT AGAINST THE UNIVERSITY. THEY ARGUED THAT THOMAS’ INCLUSION DEPRIVED THEM OF EQUAL ATHLETIC OPPORTUNITIES. 

IN RESPONSE, PENN ARGUED that EXCLUDING THOMAS AT THE TIME COULD HAVE EXPOSED THE UNIVERSITY TO LIABILITY FOR SEX-BASED DISCRIMINATION.

AS THE UNIVERSITY NOW FACES THE FEDERAL GOVERNMENT’S MAY 8 DEADLINE TO COMPLY WITH THE ORDER-

MORE THAN 600 PENN FACULTY MEMBERS SIGNED A LETTER URGING THE UNIVERSITY TO RESIST THE DIRECTIVE AND JOIN OTHER INSTITUTIONS IN CHALLENGING WHAT THEY DESCRIBE AS GOVERNMENT OVERREACH.